Criminal and Civil Law Joanne Lorenz PL1110 January 8‚ 2012 Deborah Perez Izquierdo Criminal and Civil Law The first of two different types of Law in New York State is Homicide or the capital murder statute‚ according to lexus nexus Designed as a capital murder statute‚ N.Y. Penal Law § 125.27 begins with intentional murder as its predicate. The statute goes on to list 13 aggravating factors (including factor vii‚ which generally tracks felony murder
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Amanda Prieto Bus 233-004LY Criminal Law Essay 10/14/11 Obligations and Rights As what I have read‚ the obligations and rights in reference to criminal law‚ every case is different. The most common cases when defending oneself against a criminal charge are “I didn’t do it” and “I did it but I shouldn’t be held responsible.” In one of the defenses of a criminal charge‚ there is one topic where people are innocent until proven guilty. It is an actual presumption where the judge and jury assume
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Christopher Criminal Law Professor James Barney Statutory Rape Introduction Statutory rape is usually defined by the state law concerned. However‚ statutory rape is distinguished from other forms of rape in that the victim must necessarily be below the age of consent and that lack of consent is not a requisite to the crime on the common understanding that a person below a certain age lacks the capability to give an informed consent. Prior to the development of modern statutory rape laws‚ statutory
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MCQs in Criminal Law Choose the best answer. 1. Sailor Kriseth is a merchant ship registered in Puerto Rico and owned by Seta Alcantara‚ a Filipino citizen. The Captain of the Ship is Captain Amerigo who is an American citizen. While passing through Laguna bay‚ the ship was searched by customs officials and they found 10 kilos of prohibited drugs. The owner and the captain of the ship were charged in the Regional Trial Court for possession of illegal drugs. Does the Philippine Courts have
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Assignment 1: Criminal law 1) Elaborate the various theories of punishment in Criminal Law (10m) There are four theories of punishments‚ namely‚ retribution theory‚ deterrent theory‚ and reformation theory. Firstly‚ a kid who falls down and kicks the floor inadvertently. Generally‚ it is believed to be a firm of taking revenge and would not serve only penal purpose. Deterrent theory by punishing the offenders deters the wrongdoer specially and deters the general public also by
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Literature Review Professional Criminological Research Skills JSB172 Name: Bruno Eduardo De Figueiredo Date: 25th of March‚ 2013 Student number: 8840911 The Anti Social Behavior Orders originated from the broken windows theory‚ adopted in the 1990’s in New York City. The policing strategy was centered on tackling issues of negative social behaviors among youth‚ and adults (Hewitt 2006:355-656). There is discussion on the Anti social behavior programs‚ and their effectiveness
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Compoundable Offences - Some offences largely affect only the victim and no considerable harm is considered to be done to the society. In such offences‚ if the offender and victim compromise‚ there is no need to waste court’s time in conducting a trial. The process of reaching a compromise is called Compounding. Conceptually‚ such offences‚ in which a compromise can be done and a trial can be avoided‚ are called Compoundable offence. Rest of the offences are non-compoundable Technically‚ offences classified
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2000 CASE DIGESTS C R I M I N A L L A W SUMMARY OF DOCTRINES JUSTIFYING CIRCUMSTANCES Self-Defense The invocation of self-defense is an admission of the killing and its authorship. By this admission‚ the burden of proof shifts to the accused who must establish all elements of the justifying circumstance. The nature and number of wounds inflicted disprove the plea of self-defense because they demonstrate determined effort to kill and not just defend himself. (People v. Magayac
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The law generally requires that the accused possess a ‘blameworthy’ state of mind at the time the act comprising the offence was committed‚ and the basic presumption is that mens rea is required for every offence (‘actus non fit reus nisi mens sit rea’)‚ authority for which stems from Sherras v De Rutzen [1895] – “There is a presumption that mens rea … is an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of the statute creating the offence
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CASE DOCTRINES AND ADDITIONAL NOTES CRIMINAL LAW II (Culled from Florenz Regalado’s Conspectus and Ortega’s Notes) Article 114. TREASON ➢ “The details of the testimony on the acts testified by witnesses need not be identical” (People vs. Abad) ➢ “The two-witness rule is not required to prove adherence to the enemy” (People vs. Alitagtag) ➢ “Treason absorbs crimes committed in the furtherance thereof” (People vs. Villanueva) ➢ “Righteous Action‚ as when the collaborator also
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